Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.6 - Telecommunications Services  

Division 474 - Telecommunications offences  

Subdivision F - Offences relating to use of carriage service involving sexual activity with, or causing harm to, person under 16  

SECTION 474.27   Using a carriage service to " groom " persons under 16 years of age  

(1)  
A person (the sender ) commits an offence if:


(a) the sender uses a carriage service to transmit a communication to another person (the recipient ); and


(b) (Repealed by No 42 of 2010)


(c) the sender does this with the intention of making it easier to procure the recipient to engage in sexual activity with the sender; and


(d) the recipient is someone who is, or who the sender believes to be, under 16 years of age; and


(e) the sender is at least 18 years of age.

Penalty: Imprisonment for 12 years.

(2)  
A person (the sender ) commits an offence if:


(a) the sender uses a carriage service to transmit a communication to another person (the recipient ); and


(b) (Repealed by No 42 of 2010)


(c) the sender does this with the intention of making it easier to procure the recipient to engage in sexual activity with another person (the participant ); and


(d) the recipient is someone who is, or who the sender believes to be, under 16 years of age; and


(e) the participant is someone who is, or who the sender believes to be, at least 18 years of age.

Penalty: Imprisonment for 12 years.

(3)  
A person (the sender ) commits an offence if:


(a) the sender uses a carriage service to transmit a communication to another person (the recipient ); and


(b) (Repealed by No 42 of 2010)


(c) the sender does this with the intention of making it easier to procure the recipient to engage in sexual activity with another person; and


(d) the recipient is someone who is, or who the sender believes to be, under 16 years of age; and


(e) the other person referred to in paragraph (c) is someone who is, or who the sender believes to be, under 18 years of age; and


(f) the sender intends that the sexual activity referred to in paragraph (c) will take place in the presence of:


(i) the sender; or

(ii) another person (the participant ) who is, or who the sender believes to be, at least 18 years of age.

Penalty: Imprisonment for 15 years.

(4)  
(Repealed by No 42 of 2010)

(5)  
(Repealed by No 42 of 2010)




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